IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100011553 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests removal of documentation from his military records located at the National Personnel Records Center.

2.  The applicant states, in effect, he believes his records contain clerical errors and that his records may contain records of another veteran with an identical name.

3.  The applicant provides a written statement and the attachments he provided to his Congressman.  He listed the following contentions:

* A medical examination, dated 8 June 1967, has the wrong social security number in item 16
* he was not imprisoned on 16 October 1968 at Fort Riley, Kansas
* on 9 September 1968, he suffered a stroke en route to Fort Benning, Georgia at the hospital
* the medical examination, dated 21 October 1969, was never conducted 
* the indebtedness letter dated 11 June 1970 is fraudulent and it should be removed from his records
* his medical history needs to be modified to reflect he did in fact stutter or stammer
* he never completed the DD Form 504 (Request and Receipt for Health and Comfort Supplies) dated 10 October 1969 
* he should be awarded veterans disability


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records show he underwent a pre-induction physical examination on 7 June 1967 in Montgomery, Alabama.  The Standard Form (SF) 88 (Report of Medical Examination) issued at that time shows he was a "black male" and his blood type was deemed to be "B Pos."  Block 16 lists the applicant's selective service number as * ** ** 243.  

3.  A DA Form 2981 (Application for Determination of Moral Eligibility for Induction), dated 19 July 1967, shows the applicant applied for a moral waiver, due to committing a number of offenses that were adjudicated in juvenile court.   His selective service number is shown as * ** ** 243

4.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 6 September 1967 and his selective service number is shown as * ** ** 243.  He completed the training requirements and he was awarded military occupational specialty 12A (Pioneer). 

5.  While in advanced individual training, he received orders transferring him to Vietnam with a reporting day of 6 February 1968 and, on this date, the applicant went absent without leave (AWOL).

6.  On 14 May 1968, the applicant was convicted by a special court martial for being (AWOL) from 6 February through 29 February 1968.  He was sentenced to a forfeiture of $60.00 pay for 6 months and reduction to private E-1.

7.  The applicant went AWOL again from 3 June through 8 July 1968.



8.  His DA Form 20 (Enlisted Qualification Record), Item 42 (Remarks) shows he was placed in pre-trial confinement on 11 July 1968 and charged with the above period of AWOL.

9.  On 29 July 1968, the applicant was convicted by a special court martial for being AWOL from 3 June through 8 July 1968.  He was sentenced to confinement and hard labor for 6 months and a forfeiture of $70.00 pay for 
6 months.  The applicant was assigned to the Post Stockade at Fort Benning.

10.  The applicant's DA Form 20 also shows he was confined to the U.S. Army Correctional Training Facility in Fort Riley during the period 16 October through 20 December 1968.

11.  The applicant went AWOL again from 13 June through 8 August 1969.  On 
8 October 1969, he was convicted by a special court-martial of this offense.  He was confined to hard labor for 3 months and a forfeiture of $35.00 pay for 
6 months.

12.  On 10 October 1969, the applicant submitted a DD Form 504 while at Fort Benning.

13.  An SF Form 93 (Report of Medical History) shows the applicant was administered a medical examination on 21 October 1969, pending discharge procedures.  The applicant authenticated this document with his signature and a medicinal officer (major) also authenticated this document with his signature indicating the evaluation took place.  Block 21 of this document was checked "no" indicating the applicant did not stutter or stammer.  However, it was later marked "yes."

14.  The applicant was discharged from active duty on 26 November 1969 under the provisions of Army Regulation 135-212 for unfitness.  His DD Form 214 (Report of Separation from Active Duty) lists the following periods of lost time:

* 6 February through 28 February 1968
* 3 June through 8 July 1968
* 11 July through 19 December 1968
* 13 June through 7 August 1969
* 29 August through 25 November 1969

15.  A review of the applicant's available record did not reveal the indebtedness letter, dated 11 June 1970, that he provided; nor is there evidence that he suffered a stroke en route to Fort Benning on 9 September 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered; however, there is insufficient evidence to support removing the requested documents from his official records.

2.  The applicant states the medical examination dated 8 June 1967 lists the wrong social security number in item 16; however, item 16 accurately reflects his selective service number as annotated on his DD Form 214, DA Form 2981, and DD Form 47.  

3.  A SF Form 93, dated 21 October 1969, shows the applicant was administered a medical examination as part of his discharge process.  Both the applicant and the medical officer administering the examination authenticated the document indicating the examination took place.

4.  Additionally, the applicant's records clearly show he was imprisoned at Fort Riley on 16 October 1968.

5.  There is no evidence and the applicant has not provided sufficient evidence which shows he did not stutter or stammer, or that he did not complete or request the items listed on the DD Form 504 dated 10 October 1969.  Additionally, there is no evidence that shows he suffered a stroke en route to Fort Benning on 
9 September 1968.  Absent such evidence, there is no basis to grant the relief requested. 

6.  The applicant's records were reviewed by the staff of the Board and the indebtedness letter dated 11 June 1970 that he submitted is not contained in the applicant's official military records.

7.  The ABCMR does not grant requests solely for the purpose of making the applicant eligible for veterans' or medical benefits.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100011553



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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